Building consent planning check

What you need to know about the ‘Planning Check’

All building consent applications are assessed by the Resource Consents team to check if the proposal complies with the relevant plan rules of the Nelson Resource Management Plan and Air Quality plan.  The planning check process can be a lot easier and quicker if all the necessary information is accurately and clearly provided with the initial building consent application.

The planning check is an important part of your building consent process as it may identify a resource consent is required or areas where the proposal could be amended to comply with the relevant rules.  It allows the Council to present a ‘joined up’ response to proposals and ensures that development requiring resource consent is picked up as early as possible to avoid potential delays for applicants or enforcement action at a later date. Checks may also be carried out by different areas of the Council such as engineering, utilities and geotechnical.

What the Planning Check covers

The planning check will include an assessment of the following:

  • The history of the site, including previous or current resource consent applications and any relevant conditions.  Where there is a concurrent resource consent application the building consent plans will be assessed to ensure they match those submitted for resource consent
  • Any property conditions, consent notices and encumbrances attached to the Certificate of Title
  • Planning rules for the site.  These rules may include (but are not limited to), site area and coverage, setbacks, maximum building height, daylight, parking and earthworks.
  • Compliance with relevant National Environmental Standards (NES) and National Policy Statements (NPS)
  • Compliance with the planning rules for any existing unauthorised works

Results of the Planning Check

Including all the necessary information and plans with the building consent application can prevent delays resulting from a request for further information.  The following is a brief list of what should be shown on your building consent plans to enable a comprehensive planning check.  Although some building consent applications may not require all of this information, remember the more you provide the less likely there is to be a delay in assessing your proposal:

  • Site plan showing:
    • all buildings on site;
    • the position of daylight angles with the corresponding ground levels; and
    • accurate position of common / private common wastewater and stormwater pipes within the site
  • Floor plans showing:
    • layout of existing and proposed floor for each level
  • Elevation plans showing:
    • detailed existing and proposed building elevations
    • daylight over angles with the corresponding ground level
    • earthworks with the height / depth of the cut / fill clearly demonstrated; and
    • maximum building height and the method used to calculate maximum building height

In the event that further information is required to allow for a comprehensive plan check against all relevant rules a letter will be sent out and you will be asked to provide further details to satisfy the request.  Should there be a delay in responding to the request for information your building consent may be issued with a notice advising that work should not proceed and you will not be able to book an inspection until all planning matters are resolved.

Should your proposal require resource consent then the building consent may only be issued subject to section 37 of the Building Act 2004.  Section 37 means you cannot start works until the required resource consent has been obtained and can only be lifted once the plans submitted as part of the building consent match those submitted for any resource consent that has been granted.

Best advice

So the best advice is to check your building consent application against the relevant rules and provisions of the Nelson Resource Management Plan and the Nelson Air Quality Plan prior to submission.  Top of the South maps can provide information about the zone the property is in and the planning overlays.  You should also have regard to the coastal and freshwater provisions of the Nelson Resource Management Plan for any development near the coast or streams.

If you think your proposal may require resource consent or you would like more information you are welcome to contact the Duty Planner on 03 546 0200.  The duty planner can also provide a half hour free appointment.

Remember providing all the necessary information with your building consent application could avoid delays for your proposed building work.